Digital Commons Network^™

Technological Readiness Versus Disruption: A Framework For Assessing Distinct Artificial Intelligence Policy Strategies, Orly Lobel

Emory Law Journal

Artificial intelligence (“AI”) is here and rapidly advancing. As the 2024 Thrower Symposium of the Emory Law Journal demonstrated, developments in the integration of AI to all aspects of life raise fundamental challenges for legal scholars and policymakers about the desirability and legitimacy of algorithmic decision-making, the societal impact of automation, and the liability, ownership, and regulatory puzzles created by substituting human actions with AI systems. This Article provides a framework for analyzing the readiness and desirability of contemporary technological innovation while continuing to address the effects and impact of technological shifts on the labor market, social welfare, and democracy. …

Civil Society And The Crisis Of Privacy Law, Ari Ezra Waldman

Emory Law Journal

Based on interviews with key players, public reports, and previously undisclosed primary sources, this Article tells the inside story of the American Data Privacy and Protection Act (ADPPA) and the role of privacy nonprofit organizations in crafting it. It uses ADPPA’s drafting as a case study about larger questions of expertise, the lawmaking process, and the role of law in setting the context of advocacy. The Article’s descriptive argument is that background law and the dynamics of privacy policymaking in the United States Congress channeled and constrained the choices made by privacy civil society organizations while negotiating and drafting key …

A Deep Look At Copyright’S Volitional Conduct Doctrine And Generative Artificial Intelligence, Aleksander J. Goranin

Emory Law Journal

This Article examines copyright’s volitional conduct doctrine, as applied to generative artificial intelligence (AI) systems. It traces the doctrine’s origins and evolution through key court decisions, analyzing its underlying rationale as a response to the harshness of the RAM copy rule and its elaboration as a proximate causation doctrine. The Article then evaluates how classic volitional conduct analogies to copy shops and photocopies may fit generative AI systems. Ultimately, the Article proposes a jury instruction to guide application of the volitional conduct doctrine in generative AI cases. The Article argues that the doctrine serves an important role in copyright law, …

The Globalization Of Copyright Exceptions For Ai Training, Matthew Sag, Peter K. Yu

Emory Law Journal

Generative AI, machine learning, and other computational uses of copyrighted works pose profound conceptual questions for copyright law. This Article surveys multiple countries with different legal traditions and local conditions to explore how they have responded to these questions in relation to the use of copyrighted works for AI training without express permission from the relevant rightsholders. Our survey suggests an emerging international equilibrium in which jurisdictions from around the world have found ways to reconcile copyright law and AI training. In this equilibrium, countries recognize that text and data mining, computational data analysis, and AI training can be socially …

Our Progressively Brutal Constitution: A Legal Expressivist Account Of The Excessive Force Doctrine, Danielle C. Jefferis

Emory Law Journal

The Constitution forbids some forms of physical violence. However, the scope of its protection depends on the legal status of the person subjected to the violence. The Fourth Amendment protects a person outside the criminal legal system from a state actor’s “objectively unreasonable” force. A pre-trial detainee has a similar, though weaker, right under the Due Process Clause. But after conviction, a person’s right of protection from state violence has nearly vanished: the Eighth Amendment prohibits only force applied “maliciously and sadistically for the very purpose of causing harm.” Rather than meaningfully limiting state violence, this doctrine constructs a constitutional …

Playing Politics: Social Media, Censorship, And Speech Gamification, Khaled A. Beydoun

Emory Law Journal

Forty percent of Americans self-censor their speech online. While staggering, the hidden phenomenon beneath this figure reveals a more dystopic outlook for the future of free speech. The powerful predictive technologies driving social media platforms, which the Supreme Court dubbed “the most important spaces for the exchange of views,” control the terms of modern speech and the scope of political discourse. The Supreme Court’s laissez-faire posture toward online speech moderation has only empowered digital dominion over modern expression and citizenship to the detriment of free speech principles.

As such, the primary threat to free speech today is not the state …

A Haven For Polluters: Examining Cercla Successor Liability Under State Law, Hannah R. Behar

Emory Law Journal

This Comment explores how businesses exploit variability in state corporate law to evade liability for hazardous waste pollution. In particular, it examines the tension between the successor liability doctrine and environmental accountability under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). While CERCLA purports to hold polluters responsible for site cleanup under a broad liability scheme, some states have effectively—through limiting statutes and rigid judicial interpretation—allowed businesses to retain control of environmental assets while casting off associated liabilities. This trend is particularly concerning because most jurisdictions apply state law, as opposed to a uniform federal rule, when considering …

An Evaluation Of Kentucky’S Policy Landscape And Its Impacts On High-Growth Firms In The Commonwealth, Ivanna Patrick, Jordan Arnold, Devin Dunigan

MPA/MPP/MPFM Capstone Projects

There is significant research on high-growth firms (HGFs), though there is little research focusing on such businesses in Kentucky. By comparing Kentucky to two similar states that are economic competitors and in the context of the Kentucky Innovation Act of 2000, we find that Kentucky has a relatively fewer number of HGFs, even compared to itself at the time of the bill’s passage. Ultimately, we determined that there was a focus on high-tech firms in Kentucky that may be detrimental to the growth and success of HGFs in other industries; furthermore, it would serve the state to focus enhanced efforts …

Strategic Alignment Of Lexington Public Library And Art Community, Jonnisa Ferguson, Samantha Metzger-Elder

MPA/MPP/MPFM Capstone Projects

Amidst the evolving economic, political, religious, social, and technological landscape of the United States, one enduring element across communities has been the presence and importance of public libraries. Despite the decreasing number of genuinely public spaces in America, public libraries remain accessible and welcoming to all (Howard, 2019). Modern public libraries unite people and are "rewriting common assumptions of what people think a library does" (Carlson, 2024). Going far beyond books, libraries are serving as a "trusted public common for social innovation and civic engagement," partnering with community organizations to address daily living issues (i.e., food insecurities and professional development), …

Lfucg: Assessing Homeownership Initiatives Through Document Analysis, Matthew D. Hallock, Dakota Hensley, Jordan G. Salem

MPA/MPP/MPFM Capstone Projects

The Lexington, Kentucky Vice Mayor’s Office is exploring ways to expand access to homeownership as a means to facilitate wealth creation for its citizens. This paper outlines literature highlighting the issues surrounding the shortage of housing and past discriminatory policies which negatively affected Lexington. Specific criteria were used to identify cities that resemble Lexington to see what housing programs those cities have implemented and to see what can be reasonably applied to Lexington. Descriptions and themes of the identified programs are provided to provide the Lexington Vice Mayor’s Office with policy options to increase avenues to first-time homeownership.

Esg In Space: Creating An Effective Space Governance System By Using Terrestrial Esg Principles To Properly Regulate Private Space Actors, Hu, Phillip S.

Santa Clara Law Review

As the privatization of space accelerates, concerns arise about the potential for unregulated exploitation of celestial resources by private companies. From setting up extraterrestrial colonies to exploiting asteroids, private space companies have long aimed to tap into the riches of the cosmos. Our current legal framework is not prepared for the huge influx of new private space actors, all while new regulation has trailed the fast-paced space industry and its advances. For an effective space governance system to be created, a new regulatory framework that helps regulate private space actors must be created.

This Note argues for the application of …

“I Know More About What We Can’T Do Than What We Can”: Division I Women’S Sports Athletes’ Perceptions Of Name, Image, And Likeness, Jalyn Jimerson, Courtney Jones, Quinn Lukens, Marina Miller, Sarah Stokowski, Michael Godfrey, Trevor Bopp, Chris Corr

The COSMA Journal

This study investigated women’s sport athletes’ perceptions of their ability to profit off name, image, and likeness (NIL) as current participants in collegiate athletics. Researchers conducted comprehensive semi-structured interviews with eight women’s sport athletes representing four NCAA Division I member institutions. Participants explained how institutionally organized programmatic educational initiatives primarily codified impermissible forms of NIL compensation while often omitting information about permissible NIL opportunities. Furthermore, participants considered themselves minimally involved in the NIL space, feeling on the low to average side of NIL engagement compared to their athlete-peers competing in men’s sports. The findings of this study are informative for …

Student Speed Dating As A Catalyst For Creative Idea Generation In Sport Management Programs, Logan Schuetz Ph.D., Yo Han Lee Ph.D., Tyler J. Hajek, Brandy Runyan

The COSMA Journal

This article presents a novel approach to addressing the challenges of idea generation among students in higher education, particularly in the field of sport management. Based on research into student engagement and creativity, the authors suggest incorporating speed dating techniques into both in-person and online classes. Speed dating sessions, conducted in breakout rooms via platforms like Zoom and Microsoft Teams, offer students multiple opportunities to engage in brief, structured interactions, thereby enhancing their presentation skills, idea generation, and perspectives through structured, rapid interactions. Additionally, this method encourages greater collaboration and active participation, improving the overall learning environment. This strategy not …

The Reclassification Of Sport Management, Robyn Lubisco, Kerry Fischer, Genevieve F.E. Birren, Kathleen Burke

The COSMA Journal

Institutions of higher education use Classification of Instructional Programs (CIP) codes to categorize and track academic programs. Developed by the National Center for Educational Statistics (NCES), CIP codes are used for various purposes, including data collection, analysis, and reporting (NCES, 2010). Academic administrators can use CIP data to initiate or revise academic curriculum, develop market research for new programs, and reallocate programs. Institutions can establish benchmarks in the form of teaching, research, qualifications, and funding (Knudson, 2016). A survey distributed in November 2022 to members of the North American Society for Sport Management (NASSM) revealed less than one percent of …

From Heuristic Approach To Agile Mindset, Miloslava Cerna, Anna Borkovcová, Simon K.S. Cheung

Journal of Educational Technology Development and Exchange (JETDE)

Agile learning applies agile principles to education and fits the creation of the learning content. This article discusses ways to incorporate agile learning in undergraduate programs. It investigates the adaptation of the didactic scenario that utilizes the principles of agile learning, based on a case study conducted in an undergraduate program on tourism management in a Czech university. Through the case study, a variety of ways in cognition is explored, from a heuristic approach to an agile mindset, and from a tried-and-true scheme to agile ways. Didactic scenarios of content creation scheme are designed, visualized, and compared. Promising results are …

Editorial Commentary To The Special Issue On “Transformative Educational Technologies: Innovations Across Disciplines And Contexts”, Richard Chen Li, Simon K. S. Cheung, Lam For Kwok

Journal of Educational Technology Development and Exchange (JETDE)

Technologies have been playing a transformative role in reshaping educational landscapes across various disciplines and contexts. This special issue aims to explore diverse applications of educational technology in different educational settings, ranging from pre-tertiary education to vocational training. The technologies analyzed include wearable devices that assess emotional engagement in learners and smart classrooms that promote cooperative and collaborative learning among entire classes, highlighting the trend toward learner-centered approaches in education. Together, these studies emphasize the transformative potential of technology in fostering innovative teaching strategies, improving learning outcomes, and addressing the evolving needs of both learners and educators. By presenting empirical …

Implementation Of Smart Training On Construction Site Safety : A Case Study In Hong Kong, Yan Wai Chan, Kwan Keung Ng, Simon K.S. Cheung

Journal of Educational Technology Development and Exchange (JETDE)

The construction industry has made progress in improving safety controls, but vocational and professional education and training are still necessary to ensure site safety. In the 2022-2023 budget, the Hong Kong government has allocated HK$1.2 billion to The Construction Innovation and Technology Fund (CITF) implementation of advanced construction technologies (ACT) and a smart site safety system (SSSS) and the purpose of this system is to reduce accidents in the construction industry. In September and October of 2023, relevant training courses for the SSSS were introduced on a pilot basis. The industry will have access to a learning platform to participate …

A Social Learning Analysis Study: Social Presence In Online Discussions’ Network Interactions, Hoda Harati, Chih-Hsiung Tu, Cherng-Jyh Yen, Yingying Liu, Nesma Raghab Nasr, Jennifer Werner

Journal of Educational Technology Development and Exchange (JETDE)

The significance of social presence is pivotal for online students’ participation in online discussion boards. Yet, it remained ambiguous how students evolved their social presence in their network interaction development. This research delved into the extent to which social presence moderated trends over time in several facets of students' prominence within social learning analysis of online discussions. The social network analysis (SNA) employed revealed that students’ prominence, including betweenness centrality, closeness centrality, eigenvector centrality, and PageRank, showed no notable growth over the duration of a 7-week online course. Moreover, the consistent trend observed in betweenness, eigenvector, and PageRank, coupled with …

Reducing Transactional Distance In A Hybrid-Flexible Learning Environment In Higher Education: Interaction And Engagement Despite Asynchronous Communication, Natalie C. Nussli, Kevin Oh

Journal of Educational Technology Development and Exchange (JETDE)

This study explores the implementation of an asynchronous video-based guest lecture in an undergraduate teacher education program in Switzerland. It describes how the guest lecture was delivered to foster an interactive and engaging environment for learners and to mimic two-way communication. The study applies the tenets of the Theory of Transactional Distance in examining the student-teacher interaction in a hybrid-flexible learning environment to promote quality dialogue, participation, critical reflection, and to foster a caring relationship. It describes the instructional process and the use of video splicing to mimic interaction between the students, who were physically present on campus, and the …

The Impact Of Self-Study Apps On University Efl Learners: A Radical Constructivism’S Perspective, Tuyet Thi Tran, Bhudtree Wetpichetkosol, Xoan Thi Tran

Journal of Educational Technology Development and Exchange (JETDE)

This article examines the impact of self-study apps on out-of-class English learning among first-year non-major university students in EFL contexts in Thailand and Vietnam. Grounded in Radical Constructivism, the study highlights how these tools foster learner autonomy through goal setting, progress monitoring, and independent study behaviors. Over 16 weeks, 200 participants used the apps, with 78% Vietnamese and 71% Thai learners reporting consistent engagement. Quantitative findings revealed their effectiveness in promoting self-regulated learning, while qualitative data emphasized flexibility, personalization, and motivation through gamification and real-time feedback. However, challenges such as limited cultural localization, inadequate interaction opportunities, and technological barriers, particularly …

Students’ Perceptions Of Higher Education Assessment Practices In The Context Of Artificial Intelligence In Ghana, Michael Owusu Tabiri, Opoku Gyabaah, Ivy Jones-Mensah, Patience Calys-Tagoe

Journal of Educational Technology Development and Exchange (JETDE)

This study aims to investigate the experiences of university students on the use of artificial intelligence (AI) for assessment in higher education in Ghana. A quantitative survey approach was employed, using an online questionnaire administered to target participants across five public universities. The findings from a final sample size of 509 indicate varying levels of exposure to AI-based tools for assessment, learning, and research. It was found that the majority of the respondents have occasionally (n=218, 42.8%) been assessed using AI-based tools, while very few have very often (n=35, 6.9%) used AI-based tools for assessment as students. It was also …

College Tutors' And Secondary School Teachers' Knowledge And Perceptions Of Technology Integration In Teaching And Learning, Joseph Njiku, Florence Kyaruzi Dr, Venance Timothy, Nyanjiga Rukondo, Kondrada Haule

Journal of Educational Technology Development and Exchange (JETDE)

Technology integration in education has been practiced for some decades in developing countries. Despite the growing access to technology in terms of infrastructure and tools in teacher colleges and secondary schools in Tanzania, there is limited research on how teachers use such resources to facilitate teaching and learning. This study used a mixed-methods research approach and a cross-sectional survey design to examine college tutors’ and secondary school teachers’ knowledge and perceptions of technology integration in teaching and learning in Tanzania. Adopting the technology acceptance model, the study assessed perceived ease of use, perceived usefulness, and actual use of technology. Furthermore, …

Exploratory Study On The Influence Of Social Skills, Students' Well-Being, And Communication Skills On Smartphone Usage Among Junior Secondary School Students, Sriyanto Sriyanto, Tri Naimah, Aji Heru Muslim, Dedy Irawan, Sri Muryaningsih

Journal of Educational Technology Development and Exchange (JETDE)

The escalating smartphone usage (SU) among Junior Secondary School (JSS) students necessitates rigorous investigation of its multifaceted impacts on social skills (SS), communication skills (CS), and student well-being (SW), particularly through the lens of mediation and moderation analysis that current studies have overlooked. This study aims to comprehensively analyze the impact of SU on SS, CS, and SW, considering the mediating and moderating roles of related variables. The research design utilized a survey and a cross-sectional approach involving JSC students in Banyumas Regency, Central Java Province, Indonesia (N=500). Data were collected using a questionnaire developed by adapting standardized instruments to …

Perceptions, Efficacy, And Adaptation Of Online Learning In Physics And Chemistry Education, Fun Man Fung, Jia Yi Han, Min Xin Pua

Journal of Educational Technology Development and Exchange (JETDE)

The COVID-19 pandemic forced a sudden shift to online learning in Physics and Chemistry in Singapore. As restrictions eased, researchers explored its impact through interviews with instructors and analysis of student data made available through a data lake managed by the National University of Singapore’s Institute for Applied Learning Sciences and Educational Technology. Interviews focused on instructor adaptation and beliefs about online teaching, while the data investigated student perceptions and changes in teaching efficacy pre- and post-pandemic. Analysis of the students’ course feedback indicated that Course Code C005 received more positive feedback from students, particularly towards the instructor’s effectiveness in …

Investigating The Impact Of Game-Based Immersive Learning On Nursing Students' Communication Skills And Attitudes Toward Serving In Underserved Communities, Lin Zhong, Debra Penrod, Brandon Hirsch, Kelli Whittington

Journal of Educational Technology Development and Exchange (JETDE)

Many nursing education programs incorporated service learning, particularly community immersion, into the curriculum to improve students’ communication skills and foster favorable attitudes towards caring underserved populations who face health disparities delivery. However, the teaching modality in community immersion is still lecturing sessions. This traditional teaching modality could not fully address the learning preferences of the new generation of nursing students, who are enthusiastic consumers of technology and active participants in the digital world. There is a demand of innovative teaching strategies, such as game-based learning (GBL), to engage the new generation of nursing students. Unfortunately, empirical studies of exploring the …

Development Of Computational Thinking Tests On Genetic Concepts Using Bear Assessment System, Muhammad Rafik, Dewi Murni, Siti Gia Syauqiyah Fitri, Indah Juwita Sari

Journal of Educational Technology Development and Exchange (JETDE)

This study aims to develop and assess the feasibility of a computational thinking skills test instrument on genetic concepts for high school students. The method used is Research & Development (R&D) with the Berkeley Evaluation and Assessment Research (BEAR) Assessment System design, which includes construct maps, item design, outcome space, and measurement models. The study was conducted in seven public high schools in Banten and the Biology Education Department of Universitas Sultan Ageng Tirtayasa in January-May 2024. The instrument’s feasibility was assessed using expert assessments (materials, evaluation, and practitioners), analysis of trial data, and student assessments via questionnaires. The average …

Addressing Witness Coaching By Cross-Examination, Gregory C. Sisk

St. Mary's Journal on Legal Malpractice & Ethics

In preparing a witness, may a lawyer script the testimony by taking the witness through repeated rehearsals to fabricate a narrative in the form directed by the lawyer and to use words that the lawyer suggests are more favorable for the represented party? Suppose the lawyer believes a suggestion to the witness regarding the specific substance or word choice of testimony does not introduce a falsehood but rather produces a more favorable spin on the witness narrative. May the lawyer justify that shaping of testimonial content as legitimate zealous representation of a client?

Given that any such suggestion by the …

Our Ai, Ourselves: Illuminating The Human Fears Animating Early Regulatory Responses To The Use Of Generative Ai In The Practice Of Law, Margaret Raymond

St. Mary's Journal on Legal Malpractice & Ethics

Generative artificial intelligence is changing the way lawyers work, and with those changes have come questions and concerns about how it should be regulated. Those questions and concerns, particularly on the individual level, are driven by fears about the implications of the use of generative AI. This Article identifies and explores the fears that drive these regulatory responses: fear of exposing judicial fallibility, anxiety over AI replacing human lawyers, and concerns about missing out on AI’s potential benefits. Ultimately, effective regulation of the use of generative AI in legal practice needs to be attentive to the fears and hopes surrounding …

Trading Places: An Education For Legal Employers: A View From The Perspective Of A New Generation Of Legal Talent, Michele N. Struffolino

St. Mary's Journal on Legal Malpractice & Ethics

Most lawyers remember the stress associated with walking into their first job interview. The goal being to get the interviewer to “pick me.” Today, legal employers need to be prepared to be more of the interviewee than the interviewer in the hiring process. Over the past few decades, much focus has been on identifying the skills essential to success in the legal profession—mainly those skills and traits legal employers view as important when hiring new associates. These findings led to changes in legal education in order to prepare law students for entering the employment market and successfully securing a position. …

Artificial Intelligence In Texas: Navigating The Risks, Benefits, And Uncharged Boundaries Of An Emerging Technology, Jordanna Tobias

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.